قواعد الإثبات في المادة التجارية وفق التشريع الجزائري

Abstract EN

Evidence and its burden, methods and procedures are among the most important legal and procedural issues, whether in the origin of the right or its protection and the apparent situation surrounding it.

We find that the law, whether objective or procedural, focuses on the subject of proof and includes it with a special legal system to protect rights, ward off suspicions, and evaluate judicial work.

The evidence system differs from one subject to another, according to the development in this field.

Where proof is very different in the commercial article, from the rest of the other materials.

Commercial law is based on the "freedom of proof rule" that allows the two parties to a commercial transaction to resort to various means of proof, but this rule is not absolute, as a number of exceptions are provided for it under the text of the law or according to the agreement of the parties.

Based on the foregoing, we will devote this article to the study of proof in commercial transactions, by dividing it into two sections: we deal in the first with the concept of the principle of freedom of commercial proof and its applications, while we devote the second to the exceptions to this principle and the most important means used in it.